Veterans Administration Rebuttal Letter
Budget: $30 – $250 USD
I am looking to submit a VA supplemental claim on my own for a disability claim that has been filed and denied on a few occasions. However, I have seven medical opinions in my favor (including my VA provider) and I want to inform/remind/notify the VA by a letter that argues that the preponderance of the evidence is in my favor and they are incorrectly denying my claim for that reason. This is not for an appeal at this point it is only an attempt to get them to reconsider my claim for military toxic chemical exposure causing a medical condition based on their rules.
You would only be arguing against their opinion with what is already in the claim file. VA is supposed to grant an award unless more evidence is against the claim than supports the claim. The preponderance of the evidence standard leads directly to another important rule, known as the "benefit of the doubt" rule. The law requires that, after consideration of all the evidence, if there is an approximate balance of positive and negative evidence, the benefit of the doubt in resolving each such issue should be given to the claimant. In other words, if VA finds that the evidence is equally divided between evidence supporting a claim and evidence against a claim, such as two conflicting medical opinions, the claimant gets the benefit of the positive evidence. For this reason, the rule is also known as the "tie goes to the runner" rule, where the claimant is the runner.
I want you to argue this in letter format for my claim.
You would only be arguing against their opinion with what is already in the claim file. VA is supposed to grant an award unless more evidence is against the claim than supports the claim. The preponderance of the evidence standard leads directly to another important rule, known as the "benefit of the doubt" rule. The law requires that, after consideration of all the evidence, if there is an approximate balance of positive and negative evidence, the benefit of the doubt in resolving each such issue should be given to the claimant. In other words, if VA finds that the evidence is equally divided between evidence supporting a claim and evidence against a claim, such as two conflicting medical opinions, the claimant gets the benefit of the positive evidence. For this reason, the rule is also known as the "tie goes to the runner" rule, where the claimant is the runner.
I want you to argue this in letter format for my claim.